California Court of Appeal

In a class action wage and labor dispute, denial of class certification for limousine drivers allegedly under-compensated under California wage and labor laws is reversed and remanded with directions to certify the proposed classes where: 1) the trial court utilized improper criteria in analyzing the class certification request by evaluating class suitability as dependent on determination of the merits rather than evaluating whether the theory advanced by plaintiff was amenable to class treatment; and 2) plaintiff proposed two classes which satisfied the ascertainability, community of interest and superiority of class treatment requirements.

Appellate Information

• Decided 12/22/2009
• Published 01/12/2009

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Arias Ozzello & Gignac, H. Scott Leviant, Mike Arias, Mark A. Ozzello, Mikael Stahle, Santa Barbara, and Jason E. Barsanti for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of David W. Affeld and David W. Affeld for Defendant and Respondent.